NRS 657.105 Effect
of title on powers, privileges, duties and restrictions of corporations,
companies, associations and natural persons.

NRS 657.110 Certain
mortgagees and beneficiaries of deeds of trust to provide contact information
to the Division of Financial Institutions; Division of Financial Institutions
to maintain information on its Internet website. [Effective through June 30,
2017.]

NRS 657.110 Certain
mortgagees and beneficiaries of deeds of trust to provide contact information
to the Division of Financial Institutions; Division of Financial Institutions
to maintain information on its Internet website. [Effective July 1, 2017.]

NRS 657.005Definitions.As
used in this title, unless the context otherwise requires, the words and terms
defined in NRS 657.016 to 657.085,
inclusive, have the meanings ascribed to them in those sections.

NRS 657.016“Bank,” “commercial bank,” “banking company” and “banking
corporation” defined.“Bank,”
“commercial bank,” “banking company” or “banking corporation” means a
corporation or limited-liability company that is chartered by this State,
another state or the United States and conducts the business of receiving money
as demand deposits or otherwise carries on a banking or banking and trust
business. The terms do not include a thrift company engaged in business
pursuant to chapter 677 of NRS.

1. With respect to which the depository
institution may require the depositor to give written notice of withdrawal not
less than 7 days before a withdrawal, but from which the depositor may otherwise
make withdrawals without giving written notice; and

2. Which is not payable on a specific date
or at the expiration of a specified time after the date of deposit.

NRS 657.075“Surplus” defined.“Surplus”
means a fund created pursuant to the provisions of this title by a bank from
payments by stockholders or members or from the bank’s net earnings or
undivided profits which, to the amount specified and by any additions thereto
set apart and designated as such, is not available for the payment of dividends
and cannot be used for the payment of expenses or losses while the bank has
undivided profits.

NRS 657.105Effect of title on powers, privileges, duties and restrictions
of corporations, companies, associations and natural persons.

1. The powers, privileges, duties and
restrictions conferred and imposed upon any corporation, company, association
or natural person, existing and doing business under the laws of this State,
are hereby abridged, enlarged or modified, as each particular case may require,
to conform to the provisions of this title, notwithstanding anything to the
contrary in its respective articles of incorporation, articles of organization
or charter.

2. As used in this section, “doing
business under the laws of this State” does not include the lending of money to
a person who is not a resident of this State, whether or not the bank which
extended the credit or serviced the loan is located in this State.

NRS 657.110Certain mortgagees and beneficiaries of deeds of trust to
provide contact information to the Division of Financial Institutions; Division
of Financial Institutions to maintain information on its Internet website.
[Effective through June 30, 2017.]

1. A bank, credit union, savings bank,
savings and loan association, thrift company or other financial institution
which is licensed, registered or otherwise authorized to do business in this
State and which is the mortgagee or beneficiary of a deed of trust under a
residential mortgage loan shall provide to the Division of Financial
Institutions the name, street address and any other contact information of a
person to whom:

(a) A borrower or a representative of a borrower
must send any document, record or notification necessary to facilitate a
mediation conducted pursuant to NRS 40.437
or 107.086.

(b) A unit-owners’ association must send any
notice required to be given pursuant to NRS
116.3116 to 116.31168, inclusive.

2. The Division of Financial Institutions
shall maintain on its Internet website the information provided to the Division
pursuant to subsection 1 and provide a prominent display of, or a link to, the
information described in subsection 1, on the home page of its Internet
website.

3. As used in this section:

(a) “Borrower” means a person who is a mortgagor
or grantor of a deed of trust under a residential mortgage loan.

(b) “Residential mortgage loan” means a loan
which is primarily for personal, family or household use and which is secured
by a mortgage or deed of trust on owner-occupied housing as defined in NRS 107.086.

NRS 657.110Certain mortgagees and
beneficiaries of deeds of trust to provide contact information to the Division
of Financial Institutions; Division of Financial Institutions to maintain
information on its Internet website. [Effective July 1, 2017.]

1. A bank, credit union, savings bank,
savings and loan association, thrift company or other financial institution
which is licensed, registered or otherwise authorized to do business in this
State and which is the mortgagee or beneficiary of a deed of trust under a
residential mortgage loan shall provide to the Division of Financial
Institutions the name, street address and any other contact information of a
person to whom a unit-owners’ association must send any notice required to be
given pursuant to NRS 116.3116 to 116.31168, inclusive.

2. The Division of Financial Institutions
shall maintain on its Internet website the information provided to the Division
pursuant to subsection 1 and provide a prominent display of, or a link to, the
information described in subsection 1, on the home page of its Internet
website.

3. As used in this section, “residential
mortgage loan” means a loan which is primarily for personal, family or
household use and which is secured by a mortgage or deed of trust on
owner-occupied housing as defined in NRS
107.080.

1. A financial institution may impose and
collect a fee or charge, not to exceed an amount specified in or limited by
specific statute, for any service it provides to a customer, if the fee or
charge is clearly and conspicuously disclosed in writing to the customer before
the customer receives the service. A financial institution must provide a
customer with written notice of any increase in the fee or charge at least 10
days before the increase becomes effective.

2. A fee or charge for the presentation
for payment, on a single business day, of multiple checks drawn by a customer
on an account for which there is an insufficient balance to pay all the checks,
must be determined as if the checks drawn in a single series or class were
presented:

(a) In the order the checks were written;

(b) From the lowest check number to the highest
check number; or

(c) In order of ascending amounts, the check for
the smallest sum being presented first.

3. As used in this section, “financial
institution” means an institution licensed pursuant to the provisions of this
title or title 56 or chapter 645B, 645E or 649
of NRS, or a similar institution chartered or licensed pursuant to federal law.

(a) “Committee to review compliance” means one or
more persons assigned or engaged by a financial institution to test, review or
evaluate its conduct, transactions or potential transactions, policies or
procedures for the purpose of monitoring and improving or enforcing compliance
with state and federal statutes and regulations requiring safe, sound and fair
lending practices, including, without limitation, acts concerning equal credit
opportunity, fair housing, fair lending, flood zone protection, housing and
financial discrimination, truth in lending and financial reporting to federal
or state regulatory agencies.

(b) “Financial institution” means an institution
licensed pursuant to the provisions of this title or title 56 or chapter 645B or 645E
of NRS, or a similar institution chartered or licensed pursuant to federal law.
The term includes, without limitation, a holding company, affiliate or
subsidiary of such an institution.

2. Except as otherwise voluntarily
authorized by the financial institution:

(a) A document prepared for or created by a
committee to review compliance is confidential and privileged, and is not
subject to discovery or admissible in evidence in a civil action of this State,
even if it has been submitted to a governmental or regulatory agency of this
State, the United States or a foreign government.

(b) A member of a committee to review compliance
or a person who acted under the direction of the committee cannot be required
to testify in a civil action concerning the contents of a document described in
paragraph (a) or concerning the discussions or conclusions of, or the actions
taken by, the committee.

1. Except as otherwise provided in
subsection 2, a financial institution shall not include in any loan agreement a
provision that allows the financial institution to recover, take, appropriate
or otherwise apply as a setoff against any debt or liability owing to the
financial institution under the loan agreement money from an account unrelated
to the loan agreement to the extent the money is exempt from execution pursuant
to paragraph (y) of subsection 1 of NRS
21.090.

2. The provisions of subsection 1 do not
apply to a provision in a loan agreement that specifically authorizes automatic
withdrawals from an account.

3. The provisions of this section may not
be varied by agreement, and the rights conferred by this section may not be
waived. Any provision included in an agreement that conflicts with this section
is void.

4. As used in this section:

(a) “An account unrelated to the loan agreement”
includes, without limitation, an account pledged as security under the loan agreement,
unless the specific account pledged as security is conspicuously described in
the loan agreement.

(b) “Financial institution” means an institution
licensed pursuant to the provisions of this title or title 56 or chapter 645B, 645E
or 649 of NRS, or a similar institution
chartered or licensed pursuant to federal law.

NRS 657.150Definitions.As
used in NRS 657.150 to 657.290,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 657.160 and 657.170
have the meanings ascribed to them in those sections.

NRS 657.160“Financial institution” defined.“Financial
institution” means a depository institution or any other institution regulated
pursuant to this title. The term includes, without limitation, a holding
company, affiliate or subsidiary of such an institution.

1. In addition to any other requirements
set forth by specific statute, each person who applies for a license to operate
a financial institution and each person who will serve as a director, officer,
manager or member acting in a managerial capacity for such a financial
institution must submit:

(a) Proof satisfactory to the Commissioner that
the person:

(1) Has a good reputation for honesty,
trustworthiness and integrity and is competent to transact the business of the
financial institution in a manner which protects the interests of the general
public.

(2) Has not made a false statement of
material fact on the application.

(3) Has not committed any of the acts
specified in subsection 2.

(4) Has not had a license to operate a
financial institution suspended or revoked within the 10 years immediately
preceding the date of the application.

(5) Has not been convicted of, or entered
a plea of nolo contendere to, a felony or any crime involving fraud,
misrepresentation or moral turpitude.

(b) A complete set of his or her fingerprints and
written permission authorizing the Division of Financial Institutions to
forward the fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report.

2. In addition to any other lawful
reasons, the Commissioner may refuse to issue a license to operate a financial
institution if the person who applies for the license or any person who will
serve as a director, officer, manager or member acting in a managerial capacity
for the financial institution:

(a) Has committed or participated in any act
which, if committed or done by a holder of a license, would be grounds for the
suspension or revocation of the license.

(b) Has previously been refused a license to
operate a financial institution or has had such a license suspended or revoked.

(c) Has participated in any act which was a basis
for the refusal or revocation of a license to operate a financial institution.

(d) Has falsified any of the information
submitted to the Commissioner in support of the application for the license.

NRS 657.190Suspension or revocation of license to operate or manage:
Additional grounds.In addition to
any other lawful reasons, the Commissioner may suspend or revoke a license to
operate a financial institution if the person who holds the license or any
person who serves as a director, officer, manager or member acting in a
managerial capacity for the financial institution has engaged in any act that
would be grounds for denying a license pursuant to NRS
657.180.

1. For the purpose of discovering
violations of this title or of securing information lawfully required under
this title, the Commissioner or the Commissioner’s duly authorized
representatives may at any time investigate the business and examine the books,
accounts, papers and records used therein of:

(a) Any licensee;

(b) Any other person engaged in an activity for
which a license is required pursuant to the provisions of this title; and

(c) Any person whom the Commissioner has
reasonable cause to believe is violating or is about to violate any provision
of this title, whether or not the person claims to be within the authority or
beyond the scope of this title.

2. For the purpose of examination, the
Commissioner or the Commissioner’s authorized representatives must have and be
given free access to the offices and places of business, files, safes and
vaults of such persons.

3. The Commissioner may require the
attendance of any person and examine the person under oath regarding:

(a) Any transaction or business regulated
pursuant to the provisions of this title; or

(b) The subject matter of any audit, examination,
investigation or hearing.

NRS 657.220Definitions.As
used in NRS 657.220 to 657.290,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 657.230 to 657.270,
inclusive, have the meanings ascribed to them in those sections.

NRS 657.230“Designated reporter” defined.“Designated
reporter” means a person designated by a financial institution to receive
reports of known or suspected exploitation of an older person or vulnerable
person pursuant to NRS 657.290.

1. Each financial institution shall
provide training concerning the identification and reporting of the suspected
exploitation of an older person or vulnerable person to each officer and
employee of the financial institution who:

(a) May, as part of his or her regular duties for
the financial institution, come into direct contact with an older person or
vulnerable person; or

(b) May review or approve the financial
documents, records or transactions of an older person or vulnerable person in
connection with providing financial services to the older person or vulnerable
person.

2. The training required pursuant to
subsection 1 must be provided as soon as reasonably practicable, but not later
than 6 months after the officer or employee is employed by the financial
institution.

3. The training required pursuant to
subsection 1 must include, without limitation:

(a) An explanation of the conduct which
constitutes exploitation of an older person or vulnerable person;

(b) The manner in which exploitation of an older
person or vulnerable person may be recognized;

(c) Information concerning the manner in which
reports of exploitation are investigated; and

(d) Instruction concerning when and how to report
known or suspected exploitation of an older person or vulnerable person.

4. An officer or employee who has observed
or has knowledge of an incident that is directly related to a transaction or
matter which is within his or her scope of practice and which reasonably
appears to be exploitation of an older person or vulnerable person shall report
the known or suspected exploitation to the designated reporter.

1. Each financial institution shall
designate a person or persons to whom an officer or employee of the financial
institution must report known or suspected exploitation of an older person or
vulnerable person.

2. If an officer or employee reports known
or suspected exploitation of an older person to a designated reporter and,
based on such a report or based on his or her own observations or knowledge,
the designated reporter knows or has reasonable cause to believe that an older
person has been exploited, the designated reporter shall:

(a) Except as otherwise provided in subsection 3,
report the known or suspected exploitation of the older person to:

(1) The local office of the Aging and
Disability Services Division of the Department of Health and Human Services;

(2) A police department or sheriff’s
office;

(3) The county’s office for protective
services, if one exists in the county where the suspected action occurred; or

(4) A toll-free telephone service
designated by the Aging and Disability Services Division of the Department of
Health and Human Services; and

(b) Make such a report as soon as reasonably
practicable.

3. If the designated reporter knows or has
reasonable cause to believe that the exploitation of the older person involves
an act or omission of the Aging and Disability Services Division, another
division of the Department of Health and Human Services or a law enforcement
agency, the designated reporter shall make the report to an agency other than
the one alleged to have committed the act or omission.

4. If an officer or employee reports known
or suspected exploitation of a vulnerable person to a designated reporter and,
based on such a report or based on his or her own observations or knowledge,
the designated reporter knows or has reasonable cause to believe that a
vulnerable person has been exploited, the designated reporter shall:

(a) Except as otherwise provided in subsection 5,
report the known or suspected exploitation of the vulnerable person to a law
enforcement agency; and

(b) Make such a report as soon as reasonably
practicable.

5. If the designated reporter knows or has
reasonable cause to believe that the exploitation of the vulnerable person
involves an act or omission of a law enforcement agency, the designated
reporter shall make the report to a law enforcement agency other than the one
alleged to have committed the act or omission.

6. In accordance with the provisions of
subsection 3 of NRS 239A.070, in
making a report pursuant to this section, a designated reporter may:

(a) Disclose any facts or information that form
the basis of the determination that the designated reporter knows or has
reasonable cause to believe that an older person or vulnerable person has been
exploited, including, without limitation, the identity of any person believed
to be involved in the exploitation of the older person or vulnerable person;
and

(b) Provide any financial records or other
documentation relating to the exploitation of the older person or vulnerable
person.

7. An officer, employee and the designated
reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good
faith.